Covenant Regarding Real Property 1990-506937
No Transfer Tax Due
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90 S06^37
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RECORDING REQUEST BY:
CITY OF POWAY
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WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
YERA L LYLE~
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(This space for Recorder's use)
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COVENANT REGARDING REAL PROPERTY
Clifford Wellington Crittenden, Trustee of the Crittenden Family Trust.
dated December 7, 1971, as to an undivided 50 percent interest and Paul M.
Riddle, an unmarried man, as to an undivided 50 percent interest ("OWNERS"
hereinafter) are the owners of real property described in Exhibit A which is
attached hereto and made a part hereof and which is commonly known as Assessor's
Parcel Number 317-101-31 ("PROPERTY" hereinafter). In consideration of the
approval of Conditional Use Pennit 90-04 by the City of poway ("CITY"
hereinafter), OWNER hereby covenants and agrees for the benefit of the CITY, to
abide by conditions of the attached resolution (Exhibit B).
This Covenant shall run with the land and be binding upon and inure to the
benefit of the future owners, encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
In the event that Conditional Use Pennit 90-04 expires or is rescinded by
City Council at the request of the OWNER, CITY shall expunge this Covenant from
the record title of the PROPERTY.
If either party is required to incur costs to enforce the provisions of this
Covenant, the prevailing party shall be entitled to full reimbursement of all
costs, including reasonable attorneys' fees, from the other party. The CITY may
assign to persons impacted by the perfonnance of this Covenant the right to
enforce this Covenant against OWNER. ~:7
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Dated:
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Dated:
Dated:
7-V q 1991J
CITY OF POWAY
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No need to Notarize)
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LEGAL DESCRIPTION
ORDER NO.403299-04
1474
All that portion of the Southwest Quarter of the
Section 13, Township 14 South, Range 2 West, San
in the County of San Diego, State of California,
States Government Survey, described as follows:
Northwest Quarter of
Bernardino Meridian,
according to United
Commencing at the Southeast corner of said Southwest Quarter of the
Northwest Quarter; thence along the Easterly line of said Quarter,
Quarter North 01040' 30" East, 50.00 feet to a point on the Northerly
boundary of the Public Road known as Poway Road R.S. 944 and R.S.
1713-1; thence continuing along said Easterly line North 01040' 30"
East, 150.00 feet to the Northeast corner of thc land described in
Deed to Pomerado County Water District, recorded September 4, 1970
as File No. 165188 of Official Records; thence along the Northerly
line of said land, North 89008' 30" West, 100.00 feet to the TRUE POINT
OF BEGINNING; theI}ce retracing ~outh 89:,08' 30" East, 100.,00 feet to .the Easterly
line of said Southwest Quarter of the Northwest Quarter; thence along
said Easterly line, North 01040'30" East, 190.02 feet to a point on
the Southerly boundary of Heritage Hills Unit No.4, according to
Map thereof No. 6486, filed in the Office of the County Recorder of
San Diego County, September 23, 1969; thence :i1ong said Southerly
boundary North 89008'30" West, 482.41 feet to a point on the Easterly
boundary of the Public Road known as Tarascan Drive; thence along
said Easterly boundary South 01033'47" West, 319.76 feet to the
beginning of a tangent 20.00 foot radius curve, concave Northeasterly;
thence Southerly, Southeasterly and Easterly along the arc of said
curve through a central angle of 90042'17" a distance of 31.66 feet
to a point on the Northerly boundary of. said Poway Road; thence along
said boundary South 89008' 30" East, 361. 41. feet to the Southwesterly
corner of said Water District land, and a line which bears South 010
40'30" West.from the TRUE POINT OF BEGINNING; thence North 01040'3a'
East, 150.00 feet to the TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM the Westerly 120.00 feet measured along the Northerly
line.
The Easterly line of said Westerly 120.00 feet being drawn parallel
with the most Westerly line of the above described land and the
Southerly prolongation thereof.
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On this the 16th day of August 19 <() , before me, *
) SS. Korinn M. LhlliaS *
) Paul M. Riddle and Clifford Wellingtion Crittenden, Trustee *
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the undersigned Notary Public, personally appeared .
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~ personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument
on behalf of the partnerShip, and acknowledged to me that
the partnership executed it.
WITNESS my ~d and official seal. ) .
/177\/Yi,A ~ /y /1f p1. It Q(i 0 h /./A' _ .
~ S~gnature .
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On this the day of 19 _, before me, .
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., State of
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PARnlERSBIP ~
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State of California
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County of San Diego
@ OffICIAL SIAl.
KoriM M. DoIkas
.. Notary PubliC. California
SAN DIEGO COUNTY
My ClJI'MI, &p. April 22. 1894
tXlRPORME ~
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19 _, before rre. .
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this the
day of
the undersigned Notary Public, personally appeared
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o personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) subscribed
to the within instrument, and acknowledged that
executed it.
WI'lNESS my hand and official seal.
(Above)
the undersigned Notary Public, personally appeared
o personally known to rre
n proved to me on the basis of satisfactory evidence to
'Ee the person(s) who executed the within instrument as
or on behalf of the corporation
therein nane:l, and acknowledged to me that the corporation
executed it.
WI'rnESS my hand and official seal.
(6/84)
* Notary I s Signature
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RESOLUTION NO. P- 90-41
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 90-04
ASSESSOR'S PARCEL NUMBERS 317-101-31
WHEREAS, Conditional Use Permit 90-04, submitted by Dave Higgins and Mark
Dames, applicants, request the approval to locate a 2,806 square foot automotive
stereo, alarm, and cellular phone installation and retail shop in an existing
commercial center located at 13150 poway Road in the CG (Commercial General)
zone; and
WHEREAS, on June 12, 1990, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relating to this
application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findings:
The City Council finds that this project will not have a significant adverse
impact on the environment and hereby issues a Negative Declaration with
mitigation measures as contained in the conditions of approval.
Section 2: Findings:
1. The proposed location, size, design and operating characteristics of
the proposed use is in accord with the purpose and intent of the zoning
in which the site is located, the poway General Plan and the develop-
ment policies and standards of the City, because the use is commercial
and will be located on a site which is designated for commercial use by
the General Plan.
2. That the location, size, design, and operating characteristics of of
the proposed use will be compatible with and will not adversely affect
or be materially detrimental to adjacent uses, residents, buildings,
structures, or natural resources, In that the proposed use will be
limited in scope of operation concerning generation of noise, and hours
of operation, and the use will be located within an existing commercial
center.
3. That the harmony In scale, bulk, coverage, and density is consistent
with adjacent uses, because the street exterior of the building will
not change.
4. That there are available public facilities, services, and utilities,
because the use will be located In an existing commercial building.
5. That there will not be harmful effects upon desirable neighborhood
characteristics since the applicants are required to erect a six foot
masonry wall to screen the service bay and all business activity and
work will occur within a building.
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Resolution No. P- 90-41
Page 2
6. That the generation of trafflc will not adversely impact the
surrounding streets and/or the City's Circulation Element, In that the
business will operate out of a shopping center where existing street
improvements and off-street parKlng are adequate.
7. That the site is sultable for the type and intensity of use or devel-
opment which is proposed, in that it is in a commercial location with
an existing parking lot.
8. That there will not be slgnificant harmful effects upon environmental
quality and natural resources because any environmental issues raised
in the initial study will be mitigated in the conditions of approval to
a level of Inslgnificance.
9. That there are no other relevant negative impacts of the proposed use
that cannot be mitigated.
10. That the impacts, as described above, and the location of the proposed
use will not adversely affect the City of Poway General Plan for future
as well as present development In that the proposed use conforms with
the City's General Plan and a condition has been established for
Planning Servlces to conduct an annual revlew of CUP 90-04 for
compliance with conditions of approval and address any issues that may
arise.
Section 3: City Council Declsion:
The City Council hereby approves Conditional Use Permit 90-04 subject to the
following conditions:
Within 30 days of approval: (i) The applicant shall submit in writing that
all conditions of approval have been read and understood; and (2) the prop-
erty owner shall execute a Covenant on Real Property.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. The use conditionally granted by this permit shall not be conducted in such
a manner as to interfere with the reasonable use and enjoyment of
surrounding resldential and commercial uses.
2. The applicant shall provide a supplemental noise study to the Planning
Servlces Department wlthln 30 days of commencement of business activity.
This study shall address both the interior and exterior noise Impacts of the
use. The Plannlng Services Department will determine whether the project
complies with Clty Noise Standards. If further noise mitigation is found
necessary, the applicant shall comply.
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Resolution No. P- 90-41
Page 3
3. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. weekdays and
9:00 a.m. to 7:00 p.m. weekends.
4. All work (installation.. repair, and testing) shall be completed within the
enclosed service bay area and only during permitted hours of operation. All
installed stereo systems shall be tested with vehicle doors and windows
completely closed. All car alarm systems shall be installed and tested with
a noise muffler:attached~
5. The Department of Planning Services shall conduct an annual review of CUP
90-04 for compliance with the conditions of approval. If the department
receives complaints, or the use is found not to be in compliance with this
permit, the review will be forwarded to the Council, who may add further
conditions or revoke the conditional use permit.
6. The applicant shall obtain a business license from the Customer Services
Department prior to commencement of business activity.
7. The applicant shall obtain an approved temporary use permit for anyon-site
outdoor promotional events.
8. No outdoor storage of equipment shall be permitted.
SITE DEVELOPMENT
1. The existing trash enclosure shall be upgraded to a six foot high masonry
wall with view obstructing gates pursuant to City Standards. The proposed
wall design and the materials to be used shall be approved by the Planning
Services Department prior to issuance of building permits.
2. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
3. Approval of this request shall not waive compliance with all sections of the
Zoning Development Code and all other applicable City Ordinances in effect
at the time of building permit issuance.
4. The tenant Improvement building plans addressing the acoustical wall shall
be certified by a recognized acoustical expert prior to submittal for
building plan check.
LANDSCAPING
A landscape plan shall be submitted and approved by the Planning Services
Department prior to Issuance of building permits. Said plan shall address
the landscaping and Irrigation adjacent to the trash enclosure area.
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Resolution No. p- 90-41
Page 4
PARKING AND VEHICULAR ACCESS
Two designated handicapped parking spaces, meeting the dimensional require-
ments of the State of California Disabled Access Regulations, painted with
the universal symbol, shall be provided prior to commencement of business
activity.
APPLICANT SHALL CONTACT THE DEPARTMENT OF BUILDING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. The installation bay portion of the proposed facility would be classified as
a B-1 occupancy by the Uniform Building Code. A full one-hour fire rated
occupancy separation would be required between the installation bay and the
sales room portion of the business as well as between the installation bay
and the adjacent tenant space.
2. Restroom facilities shall be provided in accordance with Section 705 of the
Uniform Building Code.
3. The service bay must be provided with adequate ventilation either by a
mechanical system or through unobstructed openings to the exterior.
4. Disabled access shall be provided throughout the facility.
5. The existing party wall between the subject business and the adjacent tenant
space shall be upgraded to the specifications outlined in Dukes Acoustical
Analysis for lthe project dated March 29, 1990.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. Complete San Diego County Health Department Business Plan and disclose the
use of any hazardous or toxic substances and provide necessary Material
Safety Data Sheets.
2. Where an existing building or structure is not protected by an automatic
fire extln9uishln9 system, but would otherwise be required to be protected
if built as a new building, its use will be allowed to continue until such
time any structural change takes place which modifies, alters, or affects,
any bearing wall or similar structural assembly at which time it shall be
made to conform to the provisions of Ordinance No. 305.
3. The existing fire lane located south of the subject site shall be upgraded
prior to commencement of business activity. The curbing shall be repainted
and proper signage installed identifying the fire lane.
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Resolution No. P- 90-41
Page 5
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 12th day of June, 1990.
ATTEST:
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Don Higginson or
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Marjorie K. Wahlsten, City Clerk
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STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution, No. P-90-41 ,was
duly adopted by the City Council at a meeting of said City Council held on the
12th day of June , 1990, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
R/R-6-12.13-17
EMERY, GOLDSMITH, KRUSE, HIGGINSON
NONE
NONE
BRANNON
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Marjorie K. Wahlsten, City Clerk
City of Pp\><ay
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